Evanston (RLTO) Conditions: Legal Remedy of Withholding Rent

The Evanston RLTO states that a tenant can withhold rent if (1) the city has cited the condition as a code violation and (2) the landlord fails to make repairs.

How does a tenant withhold rent based off poor conditions? 

1. First, the city needs to cite the building with a code violation. A tenant can also report housing code violations to the city of Evanston by calling 311 or emailing propertymaintenance@cityofevanston.org and requesting a property inspection.
2. Second, a tenant can send a 14-day demand letter to the landlord that they will withhold a portion of the rent "which reasonably reflects the reduced value" if repairs are not made. It is better to be conservative with withholding. The demand letter would list (1) all the issues that need to be repaired and (2) state that the tenant would withhold a portion of rent if the issues are not all fixed within 14 days. 

What to Consider

• A tenant cannot withhold when the condition was caused by the tenant, tenant's family, or tenant's guest.
• Even if a tenants starts withholding rent, the landlord might not make repairs.
• If a tenant withholds rent because of the conditions before sending a 14-day letter to withhold under the RTLO, then a tenant is not legally withholding rent. The landlord can give a tenant a valid 5-day notice for that unpaid rent and file an eviction.   
• If a tenant is not current on rent, then sending a 14-day letter to withhold has some risks. A landlord might start an eviction for non-payment of rent. The landlord might defeat a claim for retaliation by arguing that they were filing the eviction based on nonpayment of rent instead of because repairs.

Timing is important

The legal right to withhold does not start until a tenant waits the full 14 days. 

• If a tenant sends a 14-day letter on January 1, then the 14-day period ends January 14. The right to withhold starts January 15. By that time, a tenant might have had to pay January's rent, so a tenant can withhold starting February. 
• If a tenant sends a 14-day letter on January 14, then the 14-day period ends January 28. The right to withhold starts January 29. A tenant can withhold starting February. 
• If a tenant sends a 14-day letter on January 20, then the 14-day period ends February 3. The right to withhold starts February 4. By that time, a tenant might have had to pay February's rent, so a tenant can withhold starting March. 

Other Available Options

• The tenant might be able to terminate the lease with a 30-day demand letter under the Evanston RLTO. Click this link to explore that option or the proper link at the bottom of the page.
• The tenant might be able to make repairs or hire someone to make repairs and deduct that from next month's rent with a 14-day letter to repair and deduct under the Evanston RLTO. Click this link to explore that option or the proper link at the bottom of the page.
• If the tenant wants to explore other options outside of the Evanston RLTO, click this link.